Department Of Memorandum Veterans Affairs
Department ofVeterans AffairsMemorandumDate:June 22, 2016From:Executive Director, Small and Veteran Business Programs (00SB)Subj:FY 2016 Small Business Procurement Review Program PolicyTo:Chief Acquisition Officer (003)Senior Procurement Executive (003A)Heads of Contracting ActivitySee Distribution List1. Purpose.This memorandum establishes VA’s Small Business Program procurement reviewpolicy and process and complements the Small Business Operating Plans prepared inaccordance with VAAR 819.202-70.The review procedure is effective as of the date of this memorandum. Thismemorandum supersedes and replaces OSDBU Small Business Procurement ReviewPolicy memorandum dated May 20, 2016, as well as any previous memoranda on theprocurement review process. This memorandum remains in effect until superseded.2. BackgroundThe Office of Small and Disadvantaged Business Utilization (OSDBU), in accordancewith Section 15(k) of the Small Business Act (15 U.S.C. § 644(k)), is required to reviewproposed acquisition strategies and to make recommendations with respect to theiranticipated impact on small business participation as prime and subcontractors. In theDepartment of Veterans Affairs (VA), these responsibilities are conducted within thecontext of VA’s hierarchy of small business program preferences, established by section8127(i) of Title 38, United States Code (the Veterans First Contracting Program). Thislaw requires VA to consider preferences for verified Service-Disabled Veteran-OwnedSmall Businesses (SDVOSBs) first, then preferences for verified Veteran-Owned SmallBusinesses (VOSBs). They are followed by certified HUBZone firms, 8(a) participants,and certified Woman-Owned Small Businesses (WOSB) (in no particular order ofprecedence); then Small Business, and finally full and open competitions (unrestricted).Small business program reviews are intended to ensure that Veteran-owned smallbusinesses are considered in procurement strategies based on adequate marketresearch.
Page 2FY 2016 Small Business Procurement Review Program Policy3. Procurement Reviews.For the purposes of this memorandum, “small business set-aside” refers to all setasides prescribed in Federal Acquisition Regulation (FAR) Part 19, FAR Part 8, and VAAcquisition Regulation (VAAR) Part 819. Small business set-asides must be consideredfor acquisitions in all industry sectors. OSDBU is required by statute to makerecommendations regarding procurements based on review of market research. While,as noted in paragraph 2, OSDBU has a statutory mandate to review procurements forsmall business set-aside opportunities, bundling considerations, and related issues, thismemorandum delegates review of some procurements in order to focus OSDBU’sheightened efforts on those procurements most likely to be appropriate for smallbusiness participation. This limited delegation of review authority will also reducepaperwork burdens and procurement lead times for procurement actions less relevant tosmall businesses.OSDBU reserves the right to review any procurement to ensure compliance with legal orprogram requirements, regardless of previous delegation. In determining whether toreview a particular procurement, OSDBU will consider the totality of the circumstance,including organizational performance in meeting socioeconomic goals, market research,assignment of NAICS codes, effects on competition, results of engagement onIntegrated Product Team (IPTs), and other relevant considerations. In order to avoidunnecessary delays in the procurement process, procurements should be submitted forreview as early in the process as possible. Procurements submitted after a solicitationhas been issued can create needless delays.Procurements set aside for Veteran-owned small businesses do not require OSDBUreview. Procurements not set-aside for Veteran-owned small businesses shall bereviewed as outlined in this memorandum. Procurements considered for review fall intothree broad categories:(1) Procurements to be reviewed by OSDBU,(2) Procurement reviews delegated to Small Business specialists/liaisons in thecomponent organizations, and(3) Procurements for which OSDBU delegates review authority to the HCAs, tobe conducted in accordance with their approved Small Business OperatingPlans.a. OSDBU Procurement Reviews: OSDBU will review all proposedprocurements that are not set-aside for Veteran-owned small businesseswithin the Small Business Focus Categories (SBFC) outlined below, with theexception of items listed below in paragraph 3(d). The SBFC representNAICS subsectors within industries that have historically provided substantialopportunities for small business. VA Form 2268 will be submitted to OSDBUfor all procurements that meet the following parameters:
Page 3FY 2016 Small Business Procurement Review Program Policyi.Estimated contract value is greater than Simplified AcquisitionThreshold and the assigned NAICS code begins with these threedigits:236 – Construction of Buildings(Procurements under 20 million)237 – Heavy and Civil Engineering Construction(procurementsunder 20 million)238 – Specialty Trade Contractors327 – Nonmetallic Mineral Product Manufacturing333 – Machinery Manufacturing334 – Computer and Electronic Equipment Manufacturing337 – Furniture & Related Product Manufacturing339 – Miscellaneous Manufacturing511 – Publishing Industries (except Internet)532 – Rental and Leasing Services541 – Professional, Scientific, and Technical Services561 – Administrative and Support Services611 – Educational Services621 – Ambulatory Health Care Services811 – Repair & Maintenanceii.Multiple Award Contracts: Task orders against multiple awardcontracts that have both large and small business awardees, where theassigned NAICS code for the award level (parent) contract and/or anyindividual task order is within the SBFC identified above shall besubmitted via VA Form 2268 to OSDBU for review to ensure properconsideration is afforded to small businesses at the task order level. .Single award IDIQ do not require OSDBU review at the task order level.iii.Contract Bundling Review: OSDBU review is required on allacquisitions not set aside for small businesses (regardless of NAICScode) valued above the Simplified Acquisition Threshold that meet thedefinition of a consolidated or bundled contract in accordance with FAR2.101. Bundled requirements will require submission of both VA Form2268 and 2268a, Contract Bundling Checklist, with requiredjustifications and review, per FAR 7.107.iv.IPT Acquisitions: Contracting officer shall include OSDBU staff on IPTas a voting member. VA form 2268 is required for all IPTs regardless ofNAICS code, dollar threshold, or acquisition strategy unless set asidefor Veteran-owned small business. Advance notification of pending IPTwill enable OSDBU staff to assist in the development of the marketresearch to determine the viability of the procurement for Veteranowned small business participation. Early engagement will promote
Page 4FY 2016 Small Business Procurement Review Program Policyappropriate acquisition strategy and enable more efficient review of VAForm 2268, as the OSDBU representative to the IPT may review andconcur on market research and the acquisition strategy by signing VAForm 2268 as part of IPT process. The signed VA form 2268 will besubmitted IAW paragraph 4 below.b. Procurements under the Simplified Acquisition Threshold (SAT):Legislation and FAR Part 19.502-2 requires that all procurements under theSimplified Acquisition Threshold (SAT) are to be set aside for small businesses,unless the rationale for not doing so is properly documented. While OSDBU doesnot have the authority to waive this requirement, procurement actions under theSAT in the Small Business Focus Categories (SBFC) do not require review bythe program SES or HCA. Procurements in this category not set aside forVeteran-owned small businesses shall be reviewed by the cognizant smallbusiness liaison (SBL) or small business specialist (SBS) attached to thecontracting activity under delegated authority from OSDBU. The SBL shallassess a concurrence or nonconcurrence based on the information presented. Ifthe SBL concurs on the procurement action, no further review is necessary fromOSDBU. Should the SBL nonconcur, and the contracting officer wish to continuewith the action despite the nonconcurrence, the supervisor in the program officewhere the requirement was generated shall sign the 2268 with the statement inparagraph 6(b) (in lieu of the Program Office SES). The 2268 will be forwarded tothe Director of Contracting (DOC) (in VHA) or to an acquisition managerdesignated by the HCA (non-VHA) for final review. Should the DOC or HCAdesignee agree the procurement should continue, s/he will sign the 2268 (in lieuof the HCA) and forward the signed copy to the CO and the SBL. The CO shallplace the 2268 in the contract file. The SBL shall provide a report of all suchactions to OSDBU.c. Delegation to HCAs: OSDBU authorizes HCAs to establish the internalreview processes for all NAICS categories not specifically identified for OSDBUreview in this memorandum as part of their approved Small Business OperatingPlans. This delegation does not relieve the contracting activity from reviewingprocurements for Veteran-owned small business opportunities. Procurementreviews delegated to HCA shall be documented in accordance with SmallBusiness Operations Plans In the event of a conflict between this memorandumand the Small Business Operating Plan, this memorandum takes precedence.d. Exemptions from OSDBU Review: In addition to procurements using NAICSCodes not listed in SBFC, the following items are exempt from OSDBU review.Small Business Operating Plans shall include guidance on procurement reviewprocesses for actions in the following categories:i.ii.Orders against Pharmacy Prime VendorOrders against Subsistence Prime Vendor
Page 5FY 2016 Small Business Procurement Review Program .xvi.xvii.xviii.xix.xx.xxi.xxii.xxiii.Orders against Medical/Surgical Prime Vendor (MSPV). However,establishment of BPA medical supply contracts are subject to OSDBUreview.Orders against High Tech Medical Equipment National Contracts forImaging & Radiation Therapy,Orders against NAC FSS contracts where only large businesses arelisted within the Category/SINSpecific Prosthetic Implants: Artificial Hips, Artificial knees,Pacemakers/ICDs, Aortic Valves, and Stents . This delegation doesnot extend to national or Network-level contracts for prosthetics.OSDBU reserves the right to review establishment of indefinite deliveryor indefinite quantity contracts not specific to implantation in or on aparticular patient.WheelchairsBlood & Blood ProductsNursing Homes, including Hospice, and Alzheimer’s Disease careWireless telecommunications servicesUtilitiesOrders for express and ground small package and expressheavyweight shipment delivery (other than courier services)Parking for employees (DC Metro area only)Dun & Bradstreet Subscription ServicePostage Awards to US Postal Service and use of postage metersContracts made by another federal agency under an InteragencyAgreement (IAA). OSDBU reserves the right to review establishmentof the IAA itself, to ensure implementation of Veterans Firstrequirements as required by law (38 U.S.C. 8127(j).Supplies or Services currently on the Procurement List maintained bythe Committee for Purchase from People Who Are Blind or SeverelyDisabled (AbilityOne)Noncompetitive Health Care Resources Contracts, as defined inparagraph 6.h of VA Directive 1663, relating to sole-source acquisitionof health care resources from Affiliates.Awards to Federal Prison IndustriesAwards made to Federally Funded Research & Development Centers(FFRDC) IAW FAR part 35 and VA Governance Plan on the use of theCenter for Enterprise Modernization, dated September 11, 2008.Bronze Cemetery PlaquesHotels and Accreditation AgenciesFSS 621i task orders for Temporary Coverage of Physician Services4. Selection of NAICS Code.Acquisition personnel are required to assign an appropriate NAICS code to allsolicitations above the micro purchase threshold in accordance with FAR 19.303.Identification of the best NAICS code for a requirement will result in more accurate
Page 6FY 2016 Small Business Procurement Review Program Policymarket research results and prevent delays resulting from appeals. OSDBU canassist with NAICS determinations and vendor research. Follow-on acquisitionsshould utilize the NAICS code assigned to the previous acquisition unless that codeis determined to have been incorrect or inappropriate. If a change in NAICS code isproposed for any requirement, and the original NAICS was within one of the SBFCidentified in Paragraph 2, a VA Form 2268 must be submitted to OSDBU with anexplanation as to the necessity for the change, if the procurement is not set-aside forVOSB. (SAT level purchases shall be submitted to the cognizant SBL).5. Procurement Review Process and Electronic Contract Management System(eCMS).All OSDBU procurement reviews will be conducted using VA Form 2268. AllForms 2268, regardless of review authority, will be placed in the contract file ineCMS.a. Use of eCMS: Requests for OSDBU procurement reviews shall be submittedwithin eCMS.b. Instructions for submission: Instructions for submitting VA Form 2268 toOSDBU via eCMS can be found at http://vaww.va.gov/osdbu/ast/2268.aspc. Required Documentation: In order for OSDBU to conduct a review, thefollowing documents must be available via eCMS or included with thesubmitted VA Form 2268:i.ii.iii.iv.Market research report and all supporting documentation (includingcopies of Sources Sought Notices and all responses)Acquisition Plan (if required)Statement of Work (SOW) or other appropriate work descriptionIndependent Government Cost Estimate (IGCE).Analysis provided must clearly demonstrate the consideration of smallbusinesses and the rationale for an unrestricted acquisition strategy.Additional information may be requested.d. Actions on system outage: In the event eCMS appears to be nonoperational, contracting officers will confirm with their eCMS coordinator todetermine system outage, and once confirmed, may submit requests directlyto OSDBU by using the OSDBU 2268 submission email box, 2268@va.gov.e. Processing time: OSDBU will complete reviews no later than five (5)business days after receipt, unless extension requested by submittingorganization to enable discussion and modification. Upon notification of anemergency or urgent requirement, OSDBU will seek to complete the reviewwithin two (2) business days, but no later than three (3) business days.
Page 7FY 2016 Small Business Procurement Review Program Policyf. Modifications: Corrected or modified VA Forms 2268 may be resubmitted forOSDBU review. Select “Modification” as the Review Type in Item 3 of VAForm 2268.6. OSDBU Non-Concurrence.OSDBU does not approve or disapprove procurements. It providesrecommendations on most appropriate acquisition strategy considering smallbusiness, based on market research.a. Reasons for non-concurrence: OSDBU will concur or non-concur with theselected acquisition strategy based on the documentation provided in eCMS.Reasons for non-concurrence decisions include the following:i. Supporting documentation is missing or insufficient.ii. Submitting activity fails to demonstrate appropriate rationale (marketresearch) for the proposed acquisition strategy.iii. The assigned NAICS code is not appropriate in accordance with FAR19.303.iv. An acquisition strategy has already been publicly announced on theFederal Business Opportunities (FBO) website, or GSA E-Buy.v. Subcontracting goals are not appropriate or supported unless submittedin accordance with 5(f).vi. Rule of Two for Veteran-owned small business set aside not applied inaccordance with Kingdomware Technologies vs. United States.b. Actions on non-concurrence: All OSDBU non-concurrence decisions willbe provided directly to originating contract official and associated SmallBusiness Liaison. Should the activity decide to proceed with the proposedacquisition strategy, notwithstanding OSDBU non-concurrence, the cognizantProgram Office Senior Executive Service (SES) official shall review andindicate mission necessity precludes consideration of Veteran-owned smallbusinesses by signing in Item 24 (comments section) of VA Form 2268 withthe statement: “I have reviewed this procurement and determined thatprogram mission requirements preclude setting this procurement aside forVOSB, OSDBU non-concurrence notwithstanding.”i. HCAs shall review all OSDBU non-concurrences and shall have finalreview authority over all procurements receiving a non-concurrence byOSDBU. The contracting officer shall provide a copy of the VA Form2268 with the Program Office Senior Executive override and HCAdetermination to OSDBU before publishing the solicitation.ii. CO shall include the VA Form 2268 in contract file.
Page 8FY 2016 Small Business Procurement Review Program Policy7. Subcontracting Considerations.In accordance with FAR subpart 19.7, any large business contractor receiving acontract for more than the simplified acquisition threshold must agree in thecontract that small business will have the maximum practicable opportunity toparticipate in contract performance consistent with its efficient performance. TheSecretary establishes the overall subcontracting goals for the Department and forcomponent organizations. Contracting Officers should seek to increasesubcontracting goals in those procurements that present additional opportunities forsmall businesses.The contracting official will indicate the proposed subcontracting goals in Item 29 ofVA Form 2268. In accordance with FAR 19.705-2(c), if a determination is madethat subcontracting opportunities are not available, the written justification,approved one level above the Contracting Officer, must be provided by attachment.If minimum goals are not appropriate, written justification must be provided in thecomments section (Item 24 of VA Form 2268) or by attachment.OSDBU will review all subcontracting considerations for small business as outlinedin the submitted Acquisition Plan or noted on VA Form 2268. Contracting Officialsare encouraged to incorporate the utilization of evaluation factors related to thestrength of a vendor’s Subcontracting Plan or the vendor’s past performance inmeeting subcontracting goals as a means to increase opportunities for smallbusiness.8. OSDBU Assistance.VA organizations are encouraged to engage SBLs and OSDBU staff in anyacquisitions where a Veteran-owned small business set-aside appears unlikely.Program offices and contract staff are encouraged to contact OSDBU at the earliestopportunity for assistance in determining suitability of a procurement for smallbusinesses. OSDBU will provide assistance to the program and acquisitioncommunities as follows:a. Market Research assistance, upon request, subject to availability ofresources. Market Research for all NAICS included in the SBFC can befound at the OSDBU intranet sp;b. Small Business outreach activity support, to include, Direct Access events,Advanced Program Briefings to Industry, Pre-solicitation Conferences,Industry Day events, and other small business outreach activities.
Page 9FY 2016 Small Business Procurement Review Program Policy9. Connecting with OSDBU.OSDBU strives to provide prompt and valuable assistance to our program andacquisition partners through the following:Acquisition Support Help Line - 202-6325378 Email: OSDBUAcqSupport@va.gov.10.Thank you for your support of Veterans and Veteran-Owned Small Businesses.Principal1 xecutive Director, Office of Acquisition, Logistics and Construction (003)Deputy Assistant Secretary for Acquisition and Logistics (003A)Associate Executive Director, Office of Acquisition Operations (003B)Executive Director, Off
See Distribution List 1. Purpose. This memorandum establishes VA’s Small Business Program procurement review policy and process and complements the Small Business Operating Plans prepared in accordance with VAAR 819.202-70. The review procedure is effective as of the date of this memorandum. This memorandum supersedes and replaces OSDBU Small .
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